State of Missouri v. Robert William Sheilds

Carthage, Missouri child molestation criminal defense lawyer represented the Defendant.

Robert William Shields's

convictions are based on acts he committed against his step-daughter, C.P. ("Victim"), from the time Victim was approximately five years old until she was approximately 14 years of age. At age 14, Victim told her mother about the acts Shields committed against her, and mother, in turn, reported what Victim told her to the Joplin Police Department. Victim was interviewed by a forensic interviewer with the Children's Center of Southwest Missouri. Shields was charged by information with one count of the class B felony of first-degree child molestation (Count I), one count of the unclassified felony of first-degree statutory sodomy (Count II), one count of the unclassified felony of first-degree statutory rape (Count III), and one count of the class D felony of second-degree statutory rape (Count IV) for the acts he committed against Victim.



Shields became Victim's step-father when Victim was five years old. They lived in Joplin at that time. Victim testified that when she was five or six years old, Shields rubbed his penis against her leg while they were lying in bed watching television. Shields would intentionally walk into her room while she was changing and when she would cover up, "he would tell [her] not to and that dads are supposed to see that kind of thing." Victim testified that when she was six or seven years old, while in Shields's bedroom or the office area, Shields took her hand and rubbed it up and down on his penis. When she was eight or nine years old and while in the office of the house, Shields put his penis in her mouth when he pushed her shoulders down, grabbed his penis, put it in her mouth, and had her go up and down on it while his hands were on the back of her head. When she was 13 years old and while she was lying on the couch in the office, Shields grabbed her ankles, slid her toward him, took her clothes off, pulled his pants down, got on top of her, and shoved his penis inside her vagina. Victim testified the last time Shields had sex with her in the Joplin house was when she was a freshman in high school. Shields was sitting in his black office chair and had Victim turn around facing the opposite direction of him and sit down on his penis and he had her go up and down on his penis while his hands were on her hips.



The jury found Shields guilty on all counts. Following the discharge of the jury, the trial court took Shields into custody, set bond, and ordered Shields to return for sentencing March 15, 2021, at 9:00 a.m. Shields posted bond and failed to appear for sentencing on the scheduled sentencing hearing date. The bondsman informed the trial court that Shields's ankle monitor had been cut off and found at his residence. The trial court revoked Shields's bond and entered a warrant for his arrest without bond. Numerous bond forfeiture hearings were scheduled over the following year; at each hearing the bondsman stated he was unable to locate Shields and requested more time to locate him.



On or about March 18, 2022, one year after the scheduled sentencing hearing, Shields was arrested in Colorado and extradited back to Missouri. A sentencing hearing was held August 22, 2022, over 17 months after the initial sentencing hearing was scheduled. At the sentencing hearing on August 22, 2022, defense counsel stated that Shields wished to make a statement to the trial court:



[Defense counsel]: Your Honor, prior to making an argument, my client does have a statement he would like to read the Court, if that's okay.



[Court]: Mr. Shields.



[Shields]: Your Honor, I believe that I have a conflict of interest with my attorney and his law firm. I don't believe that entering into sentencing or hearing their motion for new trial would be appropriate at this time. On, Tuesday, August 16th of 2022, I have filed a federal lawsuit, at the Western Division Courthouse in Kansas City, against the Rhoades and Pierce Law Firm, et al, as well as the Jasper County Prosecuting Attorney, et al, and the Jasper County Sheriff, et al, all of which have violated my Fifth, Sixth, and Fourteenth Constitutional Amendment Rights in this adversarial process. At this point, and at no point, do I waive my right to counsel, but I fire the Rhoades and Pierce Law Firm, et al, to proceed pro se at this current stage. I will also request to be appointed alternate defense counsel at this time, Your Honor.



[Court]: Well, the Court is not going to allow you to create a conflict by filing a federal lawsuit and to come in here and say we are going to delay sentencing. So, if you wish to terminate the services of [defense counsel], I am going to let you do so, but we are going to proceed with sentencing today one way or the other.



[Shields]: I do, but the lawsuit has already been filed.



[Court]: I understand that, but you -



[Shields]: And it wasn't to delay the process, --



[Court]: Well -



[Shields]: -- it was because my Constitutional Amendments have been violated.



[Court]: You created this apparent conflict that you are now claiming. I am not going to let you do that and then say, well, because I filed this suit, there is a conflict of interest and we can't proceed to sentencing. We are proceeding to sentencing today.



[Shields]: That's fine. I understand, but how did I create the conflict --



[Court]: Because you filed the --



[Shields]: -- with them violating my Constitutional Rights?



[Court]: You said that the law suit has given rise to a conflict of interest. You filed it.



[Shields]: I believe that we have a conflict of interest due to the --



[Court]: I understand. My question -



[Shields]: -- due to them violating my Constitutional Rights.



[Court]: My question to you is; do you want to proceed today to sentencing, with the help of [defense counsel] or without?



[Shields]: I don't believe he has my best interest and I believe we have a conflict of interest because of that, so -



[Court]: All right. [Defense counsel], do you wish to withdraw at this point in time?



[Defense counsel]: Yes, pursuant to my client's wishes.



[Court]: I will allow you to withdraw from representation of [Shields] at this point in time.



[Defense counsel]: Thank you. Your Honor, may I be excused?



[Court]: You are excused.



The trial court allowed defense counsel to withdraw pursuant to Shields's wishes and proceeded with the sentencing hearing without counsel present. After defense counsel left, the trial court overruled Shields's motion for new trial previously filed by defense counsel and proceeded to sentencing. Shields testified during the sentencing hearing regarding his various claims of ineffective assistance of trial counsel. When asked by the trial court if there was any testimony he wished to present in aid of sentencing, Shields stated there were three witnesses his trial counsel failed to present at trial, that he wanted those witnesses at the sentencing hearing, and that his defense counsel failed to subpoena them or otherwise call them to testify:



[Court]: We can then proceed to sentencing. Mr. Shields, is there any testimony that you wish to present in aid of sentencing here today?



[Shields]: Your Honor, there was three witnesses that were supposed to be called at trial. Not one of them received a subpoena or were called and given the date of trial. I'd like each one of those to be present and called here to testify today.



[Court]: Had you notified [defense counsel] about that or had them subpoenaed today?



[Shields]: I did. I've tried to have contact with [defense counsel] when I first got to the Jasper County Jail. He refused to return any of my mother's emails or her calls and he did not come and contact me until Friday afternoon and so we have had no time to get any of this done.



The trial court, without comment to Shields, asked the State, "[Prosecutor], anybody you wish to present?" The State then presented victim statements of both Victim and her mother. At the conclusion of the victim statements, the trial court again asked Shields if he "wish[ed] to say anything in aid of sentencing." Shields made a brief statement regarding Victim, then stated he did not feel it would be appropriate to talk about anything further without legal representation. Immediately prior to pronouncing its judgment and sentence, the trial court asked Shields if he could think of any legal reason sentence should not be pronounced. Shields stated, "Well, because I don't have counsel representing me that has my best interest."[2]



COURT: The Court will make the following docket entry: The Defendant appears in person, along with Attorney Jonathon Pierce. You need to please stand, Mr. Shields. The State appears by Theresa Kenney - actually the Court is going to have to change that. The State - the Defendant appears in person, in custody of the Jasper County Sheriff's office. The State appears by Theresa Kenney, Prosecuting Attorney. Defendant's Motion for New Trial is overruled. The sentencing assessment report is discussed with the Defendant. Mr. Shields, can you think of any legal reason why the Court should not pronounce sentence at this point in time?



DEFENDANT: Well, because I don't have counsel representing me that has my best interest.

The trial court sentenced Shields to 15 years' imprisonment for child molestation in the first degree (Count I); 99 years' imprisonment for statutory sodomy in the first degree (Count II); life imprisonment for statutory rape in the first degree (Count III); and seven years' imprisonment for statutory rape in the second degree (Count IV), each term of imprisonment to be served consecutively to the other terms. See sections 558.011.1(2),[3] 566.062.2, 566.032.2, and 558.011.1(4).